WRONGFUL DEATH CLAIMS

Nebraska law permits recovery when the death of a person is caused by the wrongful act, neglect, or default of any person, corporation, or entity.  This wrongful act can be anything from an automobile accident to death caused by an unsafe product.  In the United States, a death occurs every 13 minutes on our nation's highways.  Nebraska alone had 81 traffic fatalities in 2004.  

A wrongful death action in Nebraska is governed by statute.  Our laws allow a surviving spouse or next-of-kin to recover the amount of damages they have sustained as a result of a decedent's death.  Generally, such an action must be brought within two years from the date of the death.

In a Nebraska wrongful death action, the spouse or next-of-kin is entitled to recover the monetary value of the services, comfort, and companionship that the decedent would have contributed to the spouse or next-of-kin had the decedent lived. 

Factors that can be considered in determining damages in a wrongful death action are:

1.  Financial support;
2.  Services, comfort, or companionship that the decedent gave before his/her death and the prospect that there would have been changes in the future;
3.  Physical and mental health of the decedent had he/she not suffered the injures that caused his/her death;
4.  Decedent's life expectancy before the injuries that caused his death and the life expectancy of the spouse or next-of-kin.

The amount of damages to be awarded in a Nebraska wrongful death action is ultimately a question for the jury which requires a skilled attorney to assist the client.  From a thorough investigation of the incident to complete trial preparation through a vigorous prosecution, our attorneys will assist the spouse or next-of-kin in these difficult times in pursuing the damages to which they are entitled.